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NEW YORK -- A suspended NYPD officer is now facing criminal charges after using an apparent chokehold during a now-viral arrest in Queens last Sunday.Officer David Afanador has been charged with attempted aggravated strangulation and strangulation in the second degree, Queens District Attorney Melinda Katz said Thursday.The 39-year-old cop, who has a history of complaints against him, was arrested and booked at his own Queens precinct just after 9 a.m. Thursday, according to police.If convicted, Afanador faces up to seven years in prison, the DA's office said.DA Katz acknowledged that body-camera footage shows the officers being cursed at and badgered before the incident. "Everyday, however, police officers find themselves in circumstances that require them to exercise restraint and are charged with de-escalating potentially volatile conflicts," the district attorney said."Even under the most difficult of circumstances...this kind of action is exactly the kind of police conduct that the NYPD has banned and our State Legislature criminalized," Katz added.Afanador was suspended without pay Monday, just a day after being caught on video pinning 35-year-old Ricky Bellevue to the ground and apparently putting him in a banned chokehold in the confrontation on the Rockaway Beach boardwalk.Mayor Bill de Blasio said at the time it was the fastest he'd ever seen the NYPD discipline an officer.The NYPD released the body-cam video of the arrest almost immediately after bystander video of the incident went viral.Prosecutors opened the investigation into Afanador’s actions Monday, saying at the time "there must be zero tolerance for police misconduct."Afanador was acquitted in a prior case stemming from allegations he pistol-whipped a Bronx teenage suspect and broke two teeth in 2014.The officer has had eight Civilian Complaint Review Board complaints filed against him, including use of excessive force and denying medical attention, since he joined the force in 2005.The use of excessive force by police has sparked weeks of protests and rallies in New York City and nationwide.The outcries for police reform prompted Commissioner Shea to shake up leadership at the NYPD. On Wednesday, Brooklyn North Chief Jeffrey Maddrey was announced as the new head of the NYPD's Community Affairs Bureau, and a mandate to wipe the slate clean, Shea said.This story was originally published by Mark Sundstrom and Katie Corrado at WPIX. 2450

NEW YORK (AP) — A judge has rejected a million settlement between Harvey Weinstein and some of his accusers. U.S. District Judge Alvin Hellerstein in Manhattan said Weinstein's accusers in the proposed class-action settlement were too varied to be grouped together. Lawyers for several women who had opposed the deal praised what they described as Hellerstein's swift rejection of a one-sided proposal. Back in March, Weinstein was sentenced to 23 years in prison for rape and sexual assault.According to CNN, Weinstein was sentenced to 20 years in prison for the charge of a criminal sexual act in the first degree and three years in prison for a charge of rape in the third degree.90 women accused Weinstein of harassment, inappropriate touching, and sexual assault, the New York Times reported.A spokesman for Weinstein did not immediately comment. A lawyer for his companies declined to comment.And there was no immediate comment from New York Attorney General Letitia James, who announced the tentative agreement on June 30. The deal would have provided between ,500 and 0,000 to some women who accused Weinstein of abusing them. 1151

New video appears to show workers for Caltrans handing out campaign materials defending the state's recent gas tax increase while on the job. The video, shot Tuesday, was released by the Yes on 6 campaign, which is pushing to repeal the recent 12-cent-per-gallon hike on the November ballot. The video shows Yes on 6 campaign manager Matt Stockton in the drivers seat of a car. He is apparently stopped at a Caltrans contractor's site along the 78 near Ramona. The video shows a man in a hard hat approaching the window, handing Stockton what appears to be a No on 6 campaign flier defending the gas-tax increase.Stockton in the video asks the man if he is with Caltrans, and the man answers that yes, his crew is working with Caltrans. Other images released by the campaign appear to show the workers were with Pico Rivera-based Manhole Adjusting Inc., and that a Caltrans supervisor was on site. "The misuse, the abuse of taxpayer funds being used in a political campaign, it is shameful, it is outrageous, and it needs to stop right now," said Carl DeMaio, who is chair of the Yes on 6 campaign. Caltrans, a state agency, said in a statement that it is looking into the matter, and has contacted its contractors to say it does not condone political advocacy on project sites. The No on 6 campaign, fighting to keep the gas tax increase, says it was unaware of the incident and that it denounces any inappropriate use of public resources or venues for campaign purposes."The No on 6 campaign very carefully follows all rules prohibiting the use of public resources for campaigning and often reinforces those rules to anyone involved with the campaign," the campaign said in a statement. Calls to the on-site Caltrans supervisor and Manhole Adjusting Inc were not immediately returned."If this is happening on more than one occasion, it's egregious," said Seth Kaplowitz, a finance lecturer at San Diego State University. "It's egregious because they know they're not supposed to be doing it."Last year, Gov. Jerry Brown and the state legislature raised the gas tax by 12 cents-per-gallon with future increases planned. Already, the state says more than 0 million have poured into San Diego to fix county roads and highways. The measure to repeal the tax increase will be on the November ballot.  2378

Nine children have been reported dead at a New Jersey nursing home in the last week, at least eight from viruses that cause respiratory illness, the state health department said.The ninth victim, described as "medically fragile with respiratory illness" by the Wanaque Center for Nursing and Rehabilitation in Haskell, died late Saturday night at a hospital, the state health department said in a statement. It is awaiting laboratory confirmation of adenoviruses in a child who died Friday.The viruses are known to persist on unclean surfaces and medical instruments, and may not be eliminated by common disinfectants, but they rarely cause severe illness in healthy people. Those with weakened immune systems, though, have a higher risk for severe disease and may remain infectious long after they recover, the U.S. Centers for Disease Control and Prevention says. They are common in places with large groups of children, such as child-care settings, schools and summer camps.There have been 25 confirmed pediatric adenovirus cases at Wanaque, including the eight child deaths. The confirmed cases became ill between September 26 and October 22. A staff member also became ill but has recovered, the health department said. 1232

NEW YORK (AP) — New York state says Deutsche Bank has agreed to pay 0 million to settle claims that it broke compliance rules in its dealings with the late sex offender Jeffrey Epstein. The penalty was announced in an agreement Tuesday by Superintendent of Financial Services Linda A. Lacewell. “Banks are the first line of defense with respect to preventing the facilitation of crime through the financial system, and it is fundamental that banks tailor the monitoring of their customers’ activity based upon the types of risk that are posed by a particular customer,” Superintendent Lacewell said in the press release. “In each of the cases that are being resolved today, Deutsche Bank failed to adequately monitor the activity of customers that the Bank itself deemed to be high risk. In the case of Jeffrey Epstein in particular, despite knowing Mr. Epstein’s terrible criminal history, the Bank inexcusably failed to detect or prevent millions of dollars of suspicious transactions.”The release said the agreement marked the first enforcement action by a regulator against a financial institution for dealings with the financier. Epstein killed himself last August in a Manhattan federal jail while awaiting trial on sex trafficking charges. In a statement, the German bank said the settlement reflected its cooperation. Deutsche Bank CEO Christian Sewing addressed the bank's staff in a press release stating that taking Epstein on as a client in 2013 "was a critical mistake and should never have happened.""I would like to thank our colleagues involved for their determined handling of these cases and the internal investigations, which the DFS acknowledged as 'exemplary,'" Sewing said in a press release. "At the same time, we all have to help ensure that this kind of thing does not happen again. It is our duty and our social responsibility to ensure that our banking services are used only for legitimate purposes. That's exactly why we should always examine things critically, ask questions, and speak up. I also recommend that you read the DFS consent order and the client Q&A so that we are aware of our mistakes and learn the appropriate lessons from the past."It said it has significantly boosted its anti-financial crime capabilities.The state also found that other payments went to Russian models and for women’s school tuition, hotel, and rent expenses, as well as suspicious cash withdrawals — in total, more than 0,000 over approximately four years. 2490